- Posts: 51284
mandatory reassessment
- Gordon
- Offline
Your son will only receive ESA if you can show that he meets the criteria for an award, I'm afraid that "legal or procedural mistakes" count for nothing unless he is shown to score points.
It's really important that you go back to basics and work your way back through his ESA50, the ESA Claim guides and the assessment report to re-explain why he does.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- wendy2
- Topic Author
- Offline
- Posts: 51
Please Log in or Create an account to join the conversation.
- bro58
wendy wrote: and they said you can not hand in a fit note until job seeker allowance claim gone through even though welfare rights had said job centre would accept a fit note while appealing
Hi w,
You cannot present a fit note whilst also making a fresh claim for JSA.
To claim JSA you have to be fit to actively seek or take up employment.
A fit note states that you are unfit for work, hence the two are contradictory.
If you try and present a fit note to JSA, they may "play ESA/JSA ping pong" with you !
See : This Post
bro58
Please Log in or Create an account to join the conversation.
- wendy2
- Topic Author
- Offline
- Posts: 51
Please Log in or Create an account to join the conversation.
- wendy2
- Topic Author
- Offline
- Posts: 51
Please Log in or Create an account to join the conversation.
- bro58
wendy wrote: I feel stupid asking this but here goes - i am going through your info on descriptors to help with appeal on my son s behalf and came upon bit about learning and driving included in it and he had a few lessons last year and we knew he could not do it but my aunt insisted anyway the instructor told him he had a brain that could not take in information or retain it - could a letter from driving instructor be of any use in appeal.I am cringing even asking but I am grasping at straws
Hi w,
Anything of that ilk that helps to show that he suffers from limitations that may fulfil the qualifying Activities should help.
I always take the view that if you have evidence which you feel may help with your case, but fail to submit it, the evidence cannot possibly be taken into account, can it !!
bro58
Please Log in or Create an account to join the conversation.